Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945 WP(C) NO. 28129 OF 2023 PETITIONER:
ASHOK KUMARAGED 60 YEARSRESHMAM HOUSE THOKKAD PO PRALAYAGIRI VARKKALA THIRUVANANTHAPURAM, PIN - 695143 BY ADV DEEPU LAL MOHAN RESPONDENTS:
1 EDAVA GRAMA PANCHAYATEDAVA PO THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695311 2 THE SECRETARY EDAVA GRAMA PANCHAYATEDAVA PO THIRUVANANTHAPURAM, PIN - 695311 BY ADV M.R.SASITH PANICKER (SC) FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.28129/2023 2 J U D G M E N T Dated this the 23rd day of August, 2023 The petitioner is the absolute owner in possession of property having an extent of 18 ¾ cents (10 cents in Re-Survey No.560/8A & 8 ¾ cents in Re-Survey No.560/7-1-1), situated in Edava Village, Chirayinkeezhu Taluk of Thiruvananthapuram District obtained as per Ext.P1 Sale Deed.
2.
At the time of purchase of Ext.P1 property, there existed a building therein, bearing number EP XV/361-F. The petitioner has been remitting property tax in respect of the said building. Initially such tax was being remitted under the classification 'residential' building and from 2020 onwards, tax is being remitted under the classification 'non-residential' building.
3.
Further, from the year 2019-2020 onwards, the petitioner has been conducting hotel business in the
W.P.(C) No.28129/2023 3 aforementioned building, on the basis of Exts.P4, P5 and P6 trade licences duly issued by the 2nd respondent. However, for the year 2022-2023, when the petitioner applied for renewal of trade licence, the 2nd respondent as per Exts.P10 and P12 directed the petitioner to correct the classification of the building as 'hotel/resort' in the Panchayat records and to install biogas plant. Subsequently, the petitioner has done the needful and as evident from Ext.P14 receipt, submitted application for renewal of trade licence for the year 2023-2024.
4.
However, till date, the respondents have neither granted licence nor have issued any communication regarding the delay in processing petitioner's application for renewal of trade licence, which is absolutely unjust and arbitrary and amounts to infringement of fundamental rights of the petitioner guaranteed under Articles 14 and 21 of the Constitution of India, contends the petitioner.
W.P.(C) No.28129/2023 4 5.
I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
6.
Admittedly, the application for renewal of trade licence is pending consideration before the respondents since 04.07.2023, as is evidenced by Ext.P14. As the application is having a statutory support, it has to be decided within a reasonable time.
In such circumstances, the writ petition is disposed of directing the 2nd respondent to consider the application for renewal of trade licence evidenced by Ext.P14 within a period of one month.
(sd/-) N.NAGARESH, JUDGE jsr/
W.P.(C) No.28129/2023 5 APPENDIX OF WP(C) 28129/2023 PETITIONER EXHIBITS Exhibit-P1 THE PHOTOCOPY OF SALE DEED NO.
4602/2006 OF VARKKALA SUB REGISTRAR OFFICE DATED 20-12-2006 Exhibit-P2 THE PHOTOCOPY OF TAX RECEIPT BEARING NO. KL01060405195/2023 DATED 07-06-2023 ISSUED BY THE EDAVA VILLAGE OFFICE IN RESPECT OF REMITTANCE OF TAX IN THANDAPER NO. 18138 FOR THE YEAR 2023- 2024 Exhibit-P3 THE PHOTOCOPY OF THE RECEIPT NO.
6022611002135 DATED 18-08-2023 ISSUED BY THE 1ST RESPONDENT PANCHAYAT FOR PAYMENT OF PROPERTY TAX FOR THE BUILDING BEARING NUMBER 15/361-F Exhibit-P3(a) THE PHOTOCOPY OF OWNERSHIP CERTIFICATE BEARING NO. 5022601/853/2023 DATED 19- 08-2023 ISSUED BY THE 1ST RESPONDENT Exhibit-P4 THE PHOTOCOPY OF LICENSE BEARING NO.
216/2019-20 DATED 24-12-2019 ISSUED BY THE 2ND RESPONDENT Exhibit-P5 THE PHOTOCOPY OF LICENSE BEARING NO.
936/2020-2021 DATED 07-09-2020 ISSUED BY THE 2ND RESPONDENT Exhibit-P6 THE PHOTOCOPY OF LICENSE BEARING NO.
1485/2021 DATED 08-04-2021 ISSUED BY THE 2ND RESPONDENT Exhibit-P7 THE PHOTOCOPY OF RENTAL AGREEMENT DATED 09-03-2022 ENTERED INTO BY THE
W.P.(C) No.28129/2023 6 PETITIONER WITH AMMOOS PROPERTY DEVELOPERS PRIVATE LIMITED Exhibit-P8 THE PHOTOCOPY OF GST REGISTRATION CERTIFICATE BEARING NO. 32AAOCA2514L1ZR DATED 30-05-2022 Exhibit-P9 THE PHOTOCOPY OF RECEIPT BEARING NO.
931 DATED 04-03-2022 ISSUED BY THE 1ST RESPONDENT REGARDING PETITIONER APPLICATION FOR ISSUANCE OF D&O LICENSE Exhibit-10 THE PHOTOCOPY OF LETTER NO.
400198/RPTL19/GPO/2022/2267/(1) DATED 17-09-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit-P11 THE PHOTOCOPY OF APPLICATION DATED 31- 01-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P12 THE PHOTOCOPY OF NOTICE BEARING NO.
SC1-2632/2023/EDVGP DATED 23-05-2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P13 THE PHOTOCOPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COMPLETION CERTIFICATE DATED 28-06-2023 ISSUED BY BIO FLAME CENTRE FOR BIOGAS & ENERGY TECHNOLOGY Exhibit-P14 THE PHOTOCOPY OF RECEIPT BEARING NO.
400198/RPTL20/GPO/2023/3828 DATED 04- 07-2023 ISSUED BY THE 1ST RESPONDENT, ACKNOWLEDGING RECEIPT OF PETITIONER'S APPLICATION FOR RENEWAL OF LICENSE